08-883Council File # �•R�3
Green Sheet # 3058207
RESOLUTION
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Presented by
WHEREAS, the State of Minnesota, Department of Public Safety, Fire Marshal Division (Staie), pursuant to MinnesoYa
Statutes: Section 299F.46, Subdivision 2, is empowered to enter into an a�reement with any county, two or more contiguous
counties, or city or other municipality to pedorm fire code inspections for hotels, and;
WHEREAS, the Ciry of Saint Paul, Department of Safety and Inspections, does hereby a�ree that a representative of
the Ciry will conduct all hotel inspections within its jurisdiction subject to the terms of the attached Ageement, and;
WHEREAS, the City of Saint Paul has conducted hotel inspections for several decades for the State of Minnesota and
the City of Saint Paul is authorized to collect a fee for this service,
NOW THEREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to enter
into the attached Agreement.
Requested by DepaRment of Safety and Inspections
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Approved by the Office of Financial Services
By:
Appro
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Appra
Adoption Certified by Council Seaetary By:
$Y� �� Cf ` S!?�'�
Appro d by yor; Date
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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SI 'DCptofSafery&laspecvous T �'13-AUG-0S reen ee .
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ConWct Person 8 Phone- Department Sent To Person Initial/Date
Steve Zaccard � 0 Dept of SafeN & Inspectio
228-6207 puj9n 1 Dept of Safetv & Inspections _ Departmeut D'uector
Myst Be on Council Agenda by (Date): Numher - -�- —
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Doa Type. RESOLUTION Order 4 Council
EAocument Required: Y
DocumentContact: RobertHUmphrey
5 �Ci Clerk _ __ _ CTty Clerk __
� Contact Phone: 266-9123 '
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Total # of Slgnature Pages _(Clip All Locations for Signature) I
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Action Requested:
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Council authorization [o enter into an Agreement with the State of Minnesota which allows the Ciry of Saint Paul, Department of
�, Safety and Inspections, Fire Inspections Division, to conduct fire certificate of occupancy inspec[ions on hotels.
; Recommendations: Approve (A) or Reject (R): �, Personal Service Contracts Must Answer the Pollowing Questions:
� Planning Commission � 1. Has this persoNfrm ever worked under a contract for this department?
CIB Committee '� Yes No
' Civil Service Commission ' 2. Has this person/frm ever been a city employee? ,
�� I � Yes No ;
� �i 3. Does this person/firm possess a skill not normally possessed by any ��
, I current city employee? ��
�� Yes No
Explain all yes answers on separete sheet and attach to green sheet �,
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' Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): �
�I, For the last several decades the City of Saint Paul has conducted these inspections. This contract merely extends that Agreement and �
; is housekeeping in nature. I
I Advantages If Approved:
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DisadvanWges If Approved:
Disadvantages If Not Approvetl:
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, Total Amount of
, Transaction:
Funding Source:
Fi nancia l Information:
(Explain)
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AUG 13 2Q08 '
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CosURevenue Budgeted:
Activity Number:
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August 13, 2008 9:37 AM Page 1
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DEPARTMENT OF PUBLIC SAFETY
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— � 444 CEDAR STREET - SiTITE 145
ST. PAUL, NIINNESOTA 55101-5145
HOTEL INSPECTION AGREEMENT
This agreement is made by and between the State of Minnesota, Depariment of Public Safety - Fire Marshal
Division (State) and the City of St Paul Department of Safetv and Tnsoeciions, (Conh�actor), address 8 East
4�' Street St. Paul. Minnesota 55102 .
WHEREAS, the State, pursuant to Minnesota Statutes Section 299F.46, Subdivision 2, is empowered to enter into
an agreement wifli any county, two or more contiguous counties, or ciry or other municipality to perfoan fire code
inspections for hotels, and
WHEREAS, the Director of the above named department, does hereby agree that a representative of the city will
conduct all hotel inspections witYiin fl�eir jurisdiction. To eusure uniformity of enforcement throughout the state,
these nispections will be conducted in accordance with M.S. 299F.46, and
WHEREAS, the CONTRACTOR represents that it is duly qualified and willing to perform the services set forth
herein,
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
All hotels within the Contractor's jurisdiction will be inspected by the Conhactor at least once every three
(3) years.
2. All hotels within the Coutractor's jurisdiction will be inspected and enforced in accordance with the
requirements of the Minnesota State Rire Code (MSFC} and MSFC Code Interpretations of the State Fire
Marshal. MSFC Code Interpretations are available to the Contractor on the State's web page.
All inspectors employed for the purpose of this agreement are required to successfully complete the State
Fire MarshaPs Fire Code Up-Date Training and aze also required to be knowledgeable in all State Fire
Code requirements for hotels.
State Fire Marshal Division will provide tl�e necessary training for city fire deparhnent personnel
contracting to conduct these inspections. The training on tl�e Minnesota State Fire Code is usually available
approximately once every 3 years.
The Contractor's hotel fue safety inspectors are required to attend the training on fire code changes and
hotel fire code requirements when offered by fl�e State Fire Marshal's Office
Copies of inspection reports completed by flie Contractor must be submitted to the State Fire Marshal
Division within thirty days following inspection. The Conh will report to the State Fire Marshal
Division using fl�e computerized inspection reporting software provided to the Contractor by the State Fire
Marshal Division.
All variances to the fire code orders must be approved by the State Fire Marshal.
6. Cancellation: This agreement may be cancelled by the State or Coniractor at any time, with or without
cause, upon written notice to the other party.
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Term of Agreement: This a�eement shall be effective July I, 2008, or upon the date that the final required
=��afer; ancfsfiaI�renram m ef�ct unfrF3un�3Q 3di f,
been satisfactorily fulfilled, whichever occurs first.
8. State's Authorized Agent: The State's authorized agent for the purpose of administrarion of this agreement
is Glen Berastrand Supervisor or his successor in office - State Fire Marshal Division. (Such agent shall
have final authority for acceptance of Contractor's services and if such services aze accepted as satisfactory).
9. Assignment Coniractor shall neither assign nor transfer any rights or obligations under this agreement
without the prior written consent of the State.
10. Liability. The Contractor and the State agree that each parry will be responsible for its own acts and the
results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the
results thereof The State's liability shall be govemed by the provisions of the Minnesota Tort Claims Act,
Minnesota Statutes, Section 3.736, and other applicable law. The Conlractor's liability shail be govemed by
the provisions ofthe Municipal Tort Claims Act, Minnesota Statute, Section 466.02.
11. State Audits. Under Minn. Stat. § 16C.05, subd. 5, the Contractor's books, records, documents, and
accounting procedures and practices relevant to this agreement are subject to examination by the State
and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six yeazs from the end
of this agreement.
12 Government Data Practices The Contractor and State must comply with the Minnesota Govemment Data
Practices Act, Minn. Stat Ch. 13, as it applies to all data provided by the State under this agreement, and
as it appties to all data created, collected, received, stored, used, maintained, or disseminated by the
Contractor under this agreemeut. The civil remedies of Mirut. Stat. § 13.08 apply to the release of the data
referred to in this clause by eifller flie Contractor or the State.
If the Contractor receives a request to release the data referred to in this clause, the Contractor must
immediately notify the State. The State will give the Contractor instructions concerning the release of the
data to the requesting party before the data is released.
13. Venue. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate
state or federal court with competent jurisdiction in Ramsey County, Minnesota.
(THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
68�g�3
IN WITNESS WHEREOF, the parties have caused this a�reement to be duly executed intending to be bound
thereby. _ -- - - - - --
APPROVED:
CONTRACTOR:
(Contracror certifies thai the appropria� per5on(s) have
exuuted the a3reement on beaalf of She C trnctoi as required
by appl�cable articlu,�a� ,��
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TITLE:
DATE: U/�d
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BY: �!' `�l/s �
TITLE: l.liv�Pct'b�' D-F � ��
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STATE AGENCY OR DEPARTMENT:
(w�ih delegated authoriTy)
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TITLE:
DATE:
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COMNIISSIONER OF ADMR�ISTRATION:
(wid� dele�aied authoriry)
BY:
DATE:
NO ENCUMBRANCE:
(Au[horized Sie aNre)
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DATE:
iITG�` 1�irec-E-or� �t�.nc�aL 5ervices
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Alcohol
and Gambiing
Enforcement
Bureau of Criminal
Apprehension
Driver
and Vehicle
Services
Emergency
Communication
Networks
Homeland
Security and
Emergency
Management
Minnesota
State Patrol
Offce of
Communications
Office of
Justice Programs
Office af
Traffic Safety
State Fire Marshal
MINNESOTA
e�sucsnuLnz
J. ;,
444 Cedaz Street • Suite 145 • Saint Paul, Minnesota 55101-5145
Phone: 651.201.7200 • Fax: 651.215.0525 • TTY: 651.282.6555
www.dps.state.mn.us
MEMORANDUM
DATE: June 3, 2008
TO:
FROM:
Steve Zaccard. Fire Marshaf
Randi Samuelson
SUaJECT: Requested Contract Updates
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Enclosed are three copies of the hotel inspection agreement with the requested
changes. Please return all three signed copies to our division as soon as
possible. Once the contract has received all necessary signatures, I will return
an executed copy to you.
If you have any further questions, please let us know. Thank you.
EQUAL OPPORTUNITY EPAPLOYER
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SAINT PAUL FIRE DEPARTMEt�rr
Timothy M. Butler, Fire Chief � p `/ � ,
/I71-1LD�%
CITY OF SAINT PAUL
Christopher B. Coleman, Mayor
May 30, 2008
Glen Bergstrand, Supervisor
State Fire Marshal Division
444 Cedar St., Suite 145
Saint Paul, Mn 55101-5145
RE: Hotei Contract
Dear Glen:
The Saint Paul Department of Fire and Safety Services no longer performs hotel
inspections. Hotel inspections are now done by the Department of Safety and
Inspections. You need to re-write the contract you sent me. I am enclosing a
marked-up copy for you to reference. Please send the new contracts to me.
Thank you.
Sin erely,
,
Sfeve Zaccard
Fire Marshal
cc: Bob Dahm
Bob Kessler
Phil Owens
Enclosures
Z00 East EZeventh Street Telephone: 651-224-781I
Saint Paul, MN 55101 FacsimiZe: 651-228-6255
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Alconol
and Gambling
Enforcement
ARMER/971
Program
Bureau of
Criminal
Apprehension
Driver
and Vehicle
Services
Homeland
Security and
Emergency
Management
Minnesota
State Patrol
Office of
Communications
Office of
Justice Programs
Office of
Traffic Safety
State Fire
Marshaland
Pipeline Safety
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444 Cedar Street • Suite 145 • Saint Paul, Minnesota 55101-5145
Phone: 651.201.7200 • Fax: 651.215.0525 • TTY: 651.282.6555
k��w. dps. state. mn. us
May 15, 2008
St. Paul Department of Fire and Safety Services
Attn: Steve Zaccard, Fire Marshal
100 East 11`� Street
St. Paul, MN 55101
Hotel Contract
Dear Fire Marshal Zaccard,
Enclosed with this memo you will find 4 copies of the Hotel Inspection
Contract that is in need of renewal with your department. Please return three signed
copies, of the contract, to our o�ce. The term for this contract is from July 1, 2008 to
June 30, 2011, and is designed to follow a three-year inspection cycle. Signatures
required for this contract can be the Fire Chief, City Manager or City Administrator.
When you rehun the signed contracts, please include a list of all the hotels in your
jurisdiction and the date you last inspected them under the previous contract. We need
this information in order to cross-reference with our file information. Please also
remember that you are required to send us an electronic copy of your inspection within
30 days of the inspection.
During the term of this contract, please be aware that the State Fire Marshal Division
rilny CvIItjilCf a Iaii da�., inspection ef at least one of Lhe fac?lities covered in L�llS
contract for quality control purposes. We have not consistently done this in the past,
but must do so in the future to assure that your enforcement of the State Fire Code is
consistent with our enforcement around the state.- We will shaze our findings of these
random inspections with you. You may also attend when we conduct this inspection.
EQUAL OPPORTUNITY EMPLOYER
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look forwazd to again working with you. If you have any questions please do not hesitate to
contact Randi Samuelson at Randi.J.Samuelsonna state.mn.us or 651/201-7212 or Glen
Bergstrand at G1en.Ber¢strandna state.mn.us or 218l721-4447.
Reminder, the class on hotel and school fire safety requirements is on May 21 at New Brighton
Fire Station. Hope to see you there.
Sincerely,
�(,�, '��Fy��,�
Glen Bergstrand
Supervisor
Cc Robert Dahm, Chief Deputy
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DepartmenVofficelcouncil: Date Initiated:
S� - Dep�ofSafcty&Inspecrions o�A��a Green Sheet NO: 3058010
Contact Person 8 Phone:
� Department SentToPerson InitiallDate
Steve Zaccard ' � 0 ;Deot of Safetv & Inspecflons
228-6201
_ _ Assign
Must Be on Council Agenda by (Date): Number
For
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Doa Type: OTHER AGREEMENT/CONTF , Order
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:CiNAttomev CityAttorneY
Fnancial Services ' Duector
SVlavor's �ce Mayor (if over 550,000)
E-Document Requifed: Y 7-Iuman Rightt ___ Human Ri¢hts if over S� __
Document Contact: RObert L HUmphre '� � 6 ;Financial S ervices ____ __ Contract & AnalVSis SeN _
ContactPhone: 266-9123 7 --- -----.-- OriginatingDeoartmentl ___
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Total # of Si nature Pa es _ Cli All Locations for Si nature)
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Action Requested:
Approval of an agreement between the City of Saint Paul and the State of Minnesota authorizing the City of Saint Paul to conduct
fire certificate of occupancy inspections at hotels.
, Recommendations: Approve (A) or Reject (R): � Personal Service Contracis Must Answer the Pollowing Questions: �
Planning Commission ��, 1 Has this person/frm ever worked under a contred for this department?
CIB Committee ', Yes No
� Civil Service Commission 2. Has this personffirm ever been a city employee?
Yes No
' I 3. Does this personffirm possess a skill not normaliy possessed by any
� current city employee?
i �, Yes No
, . ._ �', Explain alI yes answers on separate sheet and attach to green sheet
� Init t na i� g Problem, Issues, Opportunity (Who, What, When, Where, Why): ` �
'- As ]ong as anyone remembers the State has given Saint Pau] the authority [o wnduct these inspecrions. This contrac[ merely extends '�,
, that agreement and is housekeeping i� nature. ,
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' Advantages if Approved:
isadvantages If Approved:
`______ _ '_' _____. _ _—
; Disadvantages If Not Approved:
' Total Amount of CosURevenue Budgeted:
� Transadion:
Funding Source: Activity Number:
'� Financiallnformation:
� (Euplain)
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August 8, 2008 9:11 AM Page 1